2009-03-11_REVISION - M1983102 (9)

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i aI, STATE OF COLORADO MINED LAND RECLAMATION DIVISION Department of Natural Resources 1313 Sherman St., Room 215 Denver, CO 80203 303 866-3567 FAX: 303 832-8106 .OF ,c 0 ?l 7 1876 Roy Romer, Governor Fred R. Banta, Division Director PERFORMANCE WARRANTY `-,.Operator: Thompson Properties Operation: Fhomo SAY 15 19T aon Gravel Pit .a Mined Land Permi OW: M-83-102 `s R?sl2 tign bi,r;I;in KNOW ALL MEN BY THESE PRESENTS, THAT: WHEREAS, the Colorado Mined Land Reclamation Act, CRS as amended, 34-32-101 et seq. (the "Act"), as amended, provides that no permit may be issued under die Act until the Mined Land Reclamation Board (the "Board") receives a performance warranty (or warranties)-that is a written promise to comply with all applicable requirements of the Act. WHEREAS, Thompson Properties (the "Operator"), has applied for a perms to conduct a mining opera ion nown as Thompson. Properties (the "Operation") on certain lands in Grand county-, Colorado. These lands are described in the permit app ica ion, as amended and supplemented, and are referred to herein as the "Affected Lands". WHEREAS, in its application for the permit, the Operator has agreed to be bound by all requirements of the Act and all applicable rules and regulations of the Board, as amended from time to time. WHEREAS, the Board has determined, in accordance with the Act, that the estimated costs of reclamation with regard to those affected lands in r?ra pr] County which are now or may become subject to the permit are those amoun s or the stated periods of time as set forth in the financial warranty, which may be amended from time to time to reflect revised estimates of said costs of reclamation. WHEREAS, the Operator hereby gives the Board a performance warranty pursuant to Section 34-32-117(2) of the Act, and herein promises the Board that it will comply with all applicable requirements of the Act with regard to those Affected Lands.